Attorney General Neronha and Commissioner Infante-Green issue guidance to schools on LGBTQ+ students’ rights and diversity programs
Published on Friday, February 28, 2025
PROVIDENCE, R.I. – Attorney General Peter F. Neronha and the Rhode Island Department of Education (RIDE) Commissioner Angélica Infante-Green today shared guidance with school officials on safeguarding the rights of Rhode Island students regardless of their identity, gender, and sexuality. This guidance also instructs schools that diversity, equity, inclusion, and accessibility programs in Rhode Island schools should not change until the legal effect of recent executive actions is settled.
Recent executive actions have prompted questions about the way schools support LGBTQ+ students, as well as how schools continue with diversity, equity, inclusion, and accessibility programs. While litigation of these actions is ongoing, this guidance is intended to assist schools, teachers, and administrators in protecting the rights of every student and maintaining inclusive environments and initiatives. Until the legal effect of the aforementioned executive actions is settled, Rhode Island schools should not change current practices and procedures involving the rights of LGBTQ+ students and diversity, equity, inclusion, and accessibility programs. Any such changes may be in violation of existing federal and state law.
“As the new Administration continues to prioritize chaos, confusion, and fear over the American people, it is important for responsible leaders at every level of government to provide clarity to their constituents whenever possible,” said Attorney General Neronha. “The President is attempting to make federal funding contingent, in part, on the reversal of policies meant to make schools a safe place for students to learn and grow. The rights of all students must be protected, and existing diversity and inclusion initiatives should stand in accordance with the law. Protecting our children includes shielding them from discrimination tactics employed by politicians seeking to divide us for their personal and political benefit. We stand with our schools and with our kids, now and always.”
“Educators have a moral and legal duty to ensure all students can learn and thrive in school environments that support and empower them to achieve their highest potential,” said Commissioner Angélica Infante-Green. “A lack of specificity and clarity in policy changes and directives issued at the federal level have caused confusion and concern in Rhode Island schools and across the nation. With the federal landscape rapidly shifting and uncertainty surrounding the legality of recent actions and mandates from the Executive Branch, many school communities have reached out to request support from state leaders. We have worked in close collaboration with Attorney General Neronha and his office to provide guidance on how school leaders may approach federal actions. With many rapid and unclear changes, we will continue to closely monitor shifts at the federal level and respond to the needs of our school communities.”
The rights of LGBTQ+ students
The Trump Administration’s Executive Order on gender identity does not, and cannot, command state or local officials to take any action. The January 20th Order directed federal agencies to “enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes,” by reviewing grants to ensure federal funds “do not promote gender ideology,” and rescinded various guidance documents supporting LGBTQ+ students. However, given Supreme Court precedent, as well as recent federal district court and federal appeals court decisions, local education agencies should not take any action in response to the Executive Order unless and until its legal validity is affirmed by the courts or ratified by Congress. Further, as recently affirmed by the United States District Court for the District of Rhode Island, the Administration cannot unilaterally suspend or rescind congressionally-allocated funding for Rhode Island schools, regardless of policy regarding the rights of LGTBQ+ students.
Regulations protecting LGBTQ+ students issued by the Commissioner of Education have the full force and effect of law, and Rhode Island schools must continue to abide by these state laws and regulations. These regulations provide that each local education agency must adopt a policy providing “a safe, supportive and non-discriminatory school environment” for transgender and gender non-conforming students that “is consistent with state and national best practices, guidance, and model policies.” These regulations also give the Commissioner of Education authority to enforce the statutory requirements prohibiting discrimination on the basis of sex, gender, sexual orientation, gender identity, or gender expression in schools. Rhode Island schools must continue to abide by these state laws and regulations.
Diversity, equity, inclusion, and accessibility initiatives
The Trump Administration has issued several executive orders threatening to curtail diversity, equity, inclusion, and accessibility initiatives across the country, and attempted to condition federal funding on compliance with these orders. These orders are vague by design, conflict with court precedent and state law, and may be unconstitutional. Courts have already prohibited the Administration from withholding funding from organizations with diversity, equity, inclusion, and accessibility programs. Further, Courts have also ruled that the Administration cannot withhold funds that have already been legally appropriated by Congress.
Diversity, equity, inclusion, and accessibility policies adopted by the Council on Elementary and Secondary Education are entirely consistent with applicable state and federal law. Unless instructed to do otherwise, Rhode Island educators should continue to advance the goals of diversity, equity, and inclusivity as promoted by such standards.
The Office of the Attorney General and RIDE will continue to work together with our public schools and with our state and federal law enforcement partners to ensure adherence to these principles and to promote a safe and nurturing educational environment for all Rhode Island students.
Questions related to this guidance should be referred to the Office of the Attorney General at guidance@riag.ri.gov.
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